In order to be eligible for the Felony Diversion Program, the participant must:
- Be charged in Superior Court with one (or more) felony offenses.
- Have no prior felonies, including vacated felonies (rare exception can be made for a juvenile felony).
- Have never had or participated in another felony diversion, drug court, or comparable program, in Washington or any other state.
- Have no, or relatively little, misdemeanor/gross misdemeanor criminal history.
- The current offense must not be a sex crime, or violent offense (violent offenses may be accepted with approval from the Felony Division Chief), or involve an high level of criminality/victimization.
- Residential burglary and firearms cases will presumptively be excluded, but exceptions may be made.
- Restitution must be determined prior to entry, or defendant must agree to adding the restitution obligation during the pendency of the diversion.
- The victim should (but does not have to be) be supportive of diversion.
- The defendant must write a letter describing why he/she believes that his/her case is a good candidate for the diversion program, and taking responsibility for his/her actions and the circumstances that gave rise to them (prohibited for use in case-in-chief by ER 410).
- Defendant may be required to complete chemical dependency treatment, anger management treatment, pay restitution up front, or fulfill any other conditions that are appropriate considering the nature of the underlying offense, in addition to the standard terms of the program.
- A diversion may not be entered if there is a gross misdemeanor attached. That count will need to be disposed of separately.
- A diversion may result in an amendment to a gross misdemeanor at the end of the term.
- Standard terms of the program are to complete 48 hours of community service, pay an $850 program fee, maintain law-abiding behavior for one year or until all terms are completed, and waive extradition.
- Applicants must have approval for a non-profit where they will serve their community service, and if restitution is required, payment of some or all of the amount may be required prior to entry.
- In some cases, additional community service may be substituted for up to $500 of the fine.
Diversion is intended for applicants that are proactive, and able to comply with the terms of the agreement expediently. It is intended for persons who recognize a relatively isolated mistake they have made, the impact it may have had on others, and who therefore do not require the consequences of a conviction in order to deter future criminal behavior.
Revised 4/25/2022
